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  • dilbert_cal
    09-28 09:20 PM
    I'm a mechanical engineering and also have an MBA degree.
    I work as a support engineer.
    My lawyers tell me that I cannot apply in EB2, since my Post grad degree is unrelated to my grad degree and so does not apply to my job.

    Is this true?
    Can I not file in EB2?

    It is better to be slow and steady and get your GC late than try to be fast and never get it ( late and fast is based on the current timelines )

    If your lawyer feels it is better to go for EB3, go for EB3. Education requirements are not checked at labor stage but at I-140 stage and if you get your I-140 denied, thats a lot of hassle and trouble.




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  • imanonymous
    07-19 11:52 AM
    hi there,
    i have a quick question for gurus here..
    if an earlier original EB3 I-140 is revoked and if EB2 labor is approved now, can the PD be ported while filing new EB2 I-140 provided EB3 I-485 is pending??

    thanks
    :)




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  • jnraajan
    03-24 05:24 PM
    Yes. Every single day spent outside the country can be taken into account. Even though, I was never in danger of reaching the 6 year period, when I applied for my 7th year extension, USCIS did include 6 weeks of vacation time to my approval.




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  • franklin
    06-15 12:38 AM
    I have not heard of a single approval date of someone applying on June 1st!

    According to the processing dates, they are all in RD of 06 sometime.

    People HAVE been getting receipt numbers, but thats an entirely different kettle of fish.



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  • freedom_fighter
    06-23 09:51 PM
    Hi,

    I've read conflicting information on whether one is eligible to receive unemployment benefits.
    Specifically, i understand as a primary applicant in AOS status, one can not claim such benefits. But how about a derivative spouse, working on EAD , who lost her job? Can she claim such benefits as unemployment insurance. I've read that unemployment insurance should NOT be construed as a public charge, since its paid by the employer , when the employee is working.

    So is it safe to get the basic unemployment benefits for a derivative spouse working in AOS status?

    thanks




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  • micofrost
    08-03 01:26 PM
    Hello Friends,

    I am a new member and i am planning to join company. How long will take to tranfer visa from AAA to BBB? and one more doubt, is there any limitation to file Labour because i haven't file labour by current company. my new company may be filling my labour would take 3 to 4 months. is that making any problem to file labour after few months?

    please clarify my doubts.

    thanks,
    kannan.
    If you apply for premium, then you will have your I797 approval within 2 weeks. Otherwise it is taking 4 months(worst case). But you are ok to change your employer, with your fedex delivery receipt as long as it shows received by the USCIS office.
    As for labor filing in PERM. Minimum time is two months + administrative process like lawyer's delay and employer's delay.
    But they can also file a labor even before you join the company BBB.



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  • STAmisha
    06-20 02:45 PM
    Gurus , please reply




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  • morchu
    06-09 04:03 PM
    EB3/EB2 categorization depends on a lot of other factors. But I understand your question is about base eligibility.

    In general Masters requirement for a job is considered to be eligible for EB2.
    Similarly Bachelors+5years exp req for a job is also considered to be eligible for EB2.

    So your employers advertised job "could" very well be EB2 if all other conditions are met.

    Hello All,

    My employer has job posting Bachelor's degree with 7 years of experience but does not say anything about Masters Degree. Wanted to know this job requirement fall under EB2 or EB3?. appreciate for the response.



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  • gc28262
    06-11 03:53 PM
    Admins,

    I get the following error message when trying to access the thread "EB2-EB3 Predictions (Rather Calculations).."

    This webpage has a redirect loop.

    The webpage at http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1331594-eb2-eb3-predictions-rather-calculations-294.html#post1963467 has resulted in too many redirects. Clearing your cookies for this site or allowing third-party cookies may fix the problem. If not, it is possibly a server configuration issue and not a problem with your computer.

    Here are some suggestions:




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  • reddy_h
    05-26 10:07 AM
    I've found this site to be very helpful so far and would like to ask for some opinions on my case.

    My I-485 (EB2) was submitted in 2007 and the PD is approaching, only 5 days away based on June's VB. My girlfriend is currently with F-1 visa and we are planning on getting married asap so that she can submit her 485 before my case is approved.

    Here's the complete list that I can think of based on the research that I've done.

    Documents that my future wife's need prepare

    I-485 form
    birth certificate
    marriage certificate
    medical exam
    passport pages (I-94 card ect)
    I-20 form
    Two photos


    Documents that I need prepare

    My I-485 receipt
    ????

    Wish you everyone good luck.

    Many thanks,
    Joey

    It is very important to get married before your GC is approved. Even if you are 1 day late, you cannot file I-485 or follow to join. So its better to get married before June 1st to remove any such risk. Good luck!



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  • nousername
    06-09 12:34 PM
    No, you can not work on 1099 for any other company.

    Yes, the only option is work on cash.

    I am currently on H1..working for company A..
    Can i work for another company...without transferring my H1 and can i get a 1099 Misc....( they cannot run my payroll as i wont be employed with them)....the work is in the same field...

    if 1099 is not feasible.. the only option is to get paid in cash..which i dont want to do..

    any inputs.




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  • lunar
    09-14 05:36 PM
    Thank you. I really appreciate all your quick responses.



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  • vicente
    10-11 09:12 PM
    Hi everyone,

    I'm thinking of going into graduate school next year under F-1 status, which presumably should last until the end of my program in 5-8 years. As many of us are painfully aware, students aren't allowed to work except on-campus or as part of approved OPT and CPT programs.

    My question is: is it possible for me to take out a TN (NAFTA) visa during the summer of one of my years so that I can work? F-1 and TN are both non-dual intent, so is it possible?

    Thanks,
    Vince




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  • nlssubbu
    08-21 01:09 PM
    Is it a good idea for Moderators/Admin to create new forum for the GC approved folks. This purposes is to...

    To retain them and could be helpful with their experiences for other members.
    This is another way of giving it back.

    your thoughts...

    I do agree. In fact, some of the IV founders also received their GC :D. I hope they will consider this request to help others with our past experiance.

    Thanks



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  • arunkotte
    02-26 01:58 PM
    Discussion about Skil Bill

    http://www.cnbc.com/id/15840232?video=182664970#

    Here is the article about Skill shortage

    http://www.cnbc.com/id/17188440




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  • morchu
    05-30 01:42 PM
    I believe you know that re-entry permit is required only beyond 1 year.

    I will say, don't wait. Have some documentation ready regarding your "emergency need" to be out of USA. Also have some documentation to prove your intention to permanently reside in US.

    In case the officer asks some question. Just be prepared to answer, and clarify that you have proper intention to continue residing permanently in US.


    Sir,

    I got my green card on Feb'2008 and had to make emergency travel to my country Mexico to be with my family on August'2008. Now, I would like to come back after 10 months of stay in Mexico. The problem is that I do not have any permanent residence/car/Electricity bill to prove my permanent residency status except VOIP phone and paid my tax for the last 6 years promptly. Is it possible for me to make it to USA? or Should I wait for 2 more moths and file for Visa reentry permit in local embassy and come there if I get one?

    Please advice me.

    Thanks,
    Juang.



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  • JunRN
    09-18 04:42 AM
    It depends on your Service Center. For TSC, you can have your EAD after 11 weeks from Receipt. For NSC, you can have your EAD after 12 to 14 weeks from Receipt.

    Yeah, it could be on October or early November.




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  • smuggymba
    10-05 10:54 AM
    If not EB1, even EB2 is fine because you belong to UK and EB2 is current for you. If you claim EB1, you can easily apply in EB2 and it's "current" for you.




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  • cagedcactus
    08-24 04:14 PM
    This must be the worst immigrant experience I have heard.
    I am sorry to hear that you have to go through this. You must approach social workers' group in your local area. They will help you get proper treatment from reliable sources, and they will also appoint you a lawyer if you cant afford one.
    Dont let that loser off the hook. Despite of all emotions involved in this case, go after him hard and square. Make him pay for what he did to your daughter.
    I dont know about your GC process, for which consulting an immigration lawyer is the best thing to do, right now you have a much important issue at hand than just a green card.




    orphean
    04-27 03:35 PM
    I'm off to London for my H1B stamping. I was working for an Investment Bank that folded and I took up a job with a bank that has not taken TARP funds (not a US bank)

    My I-129 was approved, however, it was approved before the new I-129 that asks whether the company accessed covered funds.

    I just wanted to know whether I need to ask counsel in my firm to update the I-129 or should I just go ahead with the stamping?

    Any other important documents I should take along? I was thinking of

    a) letter from employer stating salary, start-date, position etc
    b) letter from company stating that they did not receive TARP

    anyone else on the same boat?




    perm
    07-06 10:08 AM
    Media Drive - not even 9000 diggs from US!!??

    There's a thread on media coverage which also states that we can get a lot of coverage amongst people via Digg.com.

    What is digg and how it works- (wikipedia)
    Readers can view all of the stories that have been submitted by fellow users in the "digg/News/Upcoming" section of the site. Once a story has received enough "diggs", it appears on Digg's front page. Should the story not receive enough diggs, or if enough users report a problem with the submission, the story will remain in the "digg all" area, where it may eventually be removed.


    The highest rated digg in last 7 days (with 8632 hits / diggs) is that of a iphone. Our issue could not even beat the new iphone release. Immigrationvoice has about 14893 members, 7939 active members. If each member does a digg for himself and other one for spouse, we should have atleast 14000 digg to keep our write ups LIVE, in the minds of all the people visiting this page.

    Our Diggs
    http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
    http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer
    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans
    http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
    http://digg.com/politics/USCIS_Visa_scandal
    http://digg.com/politics/FLOWER_DAY_JULY_10TH
    http://digg.com/politics/Highly_Skilled_Immigrants_fightback_against_unfair _immigration_practices
    http://digg.com/politics/Feds_play_games_with_immigrants
    http://digg.com/politics/Immigration_Malpractice
    http://digg.com/politics/Green_card_hopefuls_to_resort_to_Gandhigiri_in_US
    http://digg.com/politics/Suit_Planned_Over_Visas_for_the_Highly_Skilled
    http://digg.com/politics/Legal_Workers_Lose_Chance_at_Green_Cards_2
    http://digg.com/politics/Door_to_getting_a_job_based_visa_closes_abruptly



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  • Edison99
    09-25 01:26 PM
    DOS Provides Background on Visa Allocation Process | The Philippines According to Blogs (http://www.pinoyblog.com/personal/dos-provides-background-on-visa-allocation-process/)




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  • User00
    09-18 11:57 AM
    NDTV Link (http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070025734&ch=9/11/2007%205:05:00%20PM)




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  • PD_Dec2002
    03-07 12:42 AM
    Hi,

    Have a question on EAD/H1b. I am joining a new company using AC21 and EAD. Lets say after few months if INS denies my GC application then will I be able to transfer my h1b. Basically I got the info that I can re-capture my unused period of H1b out of 6 years. Is that true ?

    Thanks.

    I don't know if the following information is applicable if the GC is denied.

    Last year, my friend started working on an EAD (after his H-1B visa expired). Unfortunately, he did not get his renewal EAD in hand before the expiry of the current EAD, so the lawyer submitted a H-1B petition to use the unused portion (India vacations for him, but basically any time when you were outside the US) from his old H-1B so my friend could continue working. If I remember well, it was applied under Premium Processing, but I know for sure that it definitely came through. But so did his EAD card...on the day his current EAD expired.

    Again, I want to reiterate that I don't know how the above scenario plays out if the GC is denied, so do check with a lawyer.

    Regards,
    Jayant




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  • _k_
    05-11 02:02 AM
    I came in US with my family when I was 15-16, back then we were on L2, then as time passed by we switched to H4. Then I turned 21 so I had to go on Student Visa (F1). Still living in US legally.

    Now my question is I've been staying in US over 10 years now, legally. I dont know if its rumor or not, but someone told me, that you can apply for Green Card if you lived in US over 10 years legally, is that true?
    Going through all that H1B process sounds really hectic. Also all my family members, friends and relatives are here, I don't know anyone back in my birthplace. any suggestions or tips, would help a bit.


    thanks :)



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  • asdqwe2k
    01-21 05:48 PM
    http://news.yahoo.com/s/nm/20070121/pl_nm/usa_immigration_dc

    U.S. companies are also clamoring for more H1B visas to allow foreign software engineers and other skilled workers into the country.

    The 65,000 visas allotted for 2007 were taken by the end of May last year, months before the end of the fiscal year in September, said Jack Krumholtz, the head of Microsoft Corp.'s government affairs office. It is also difficult to get permanent U.S. residency for foreign workers who would like to stay, he said.

    "This is becoming for high-tech companies a huge retention issue," Krumholtz said. "We will start to see highly valued tech employees emigrate back to their home countries."




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  • markapur
    08-05 12:30 PM
    I am still checking with my attorney. But in my case, Company A is ready to revoke my H1 once i move to Company B. So I am not sure what to do. Can I have your personal email id. Otherwise here is mine please reply to: rahul_kms@yahoo.co.in. Thanks



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  • anu_t
    09-30 06:06 PM
    I think it is not possible.




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  • deecha
    09-15 04:05 PM
    Awesome !



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  • dilbert_cal
    07-08 03:59 PM
    Sorry - I hadnt seen the other threads that you have already started.

    Can you please in future just open one thread or even better use an existing thread.




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  • cooltypes
    04-13 02:37 PM
    Thanks for your reply xtronics

    She has MS degree from US university (MBBS in India)...but would that matter for dependent H4 visa stamp



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  • Ann Ruben
    01-18 06:52 PM
    What is your US immigration status?

    Are you a US Citizen?




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  • msp1976
    03-05 07:01 AM
    He can file the H4 extension based on the H1B extension application receipt...
    Even if there is a RFE..that does not stop him from filing the H4 extension..Please tell him to file the H4 extension immediately....Usually you do not send a new application along with the answers of RFE..Just file it separately....After H1 goes through they would process the H4 too may be no at the same time but that should be fine....
    As long as H4 extension is filed, wife's status is valid....



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  • marzelan
    01-23 11:51 PM
    I am almost at the same situation.I have been here for since July 2000.Instead of getting married for american citizen I decided to go the long way.I have been changing visas from B2-H2b-F1 and now recently I apply with I140/I485.After having Masters degree in civil engineering from my country I went to school to become a nurse.After 3 years and many school I did finished and I passed the National exam for nurses but just when I was about to file for Schedule A the visa number finished and there was no chance of getting new once.Thank god they open the EB3 in July,or so I was thinking.USCIS did not separated my I140 from I 485 so I had no answer for 5.5 months.Only after I ask senators for help the thigs started moving.Finnaly I got my EAD and I can go back to saving life,which by the way I love.My advice is to marry US citized ASAP.Will save you a lot of trouble and if you love that person even better.;)




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  • Life2Live
    04-05 09:49 AM
    Me too on same boat. I think we can post this on lawyer's forum too.



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  • RMRasheed
    05-26 08:50 AM
    Greetings,

    My father (over 60 years) is coming to the States in June 15, and his B1 visa expires on June 24. However, my father is planning to stay until August 20.

    My question is:
    Will he be able to stay after his visa expiration date?
    In other words, when will his I-94 expire?


    Regards,
    Rasheed




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  • Queen Josephine
    August 10th, 2005, 09:19 AM
    Jason, agree with Kevin. I did take a quick look at your site however and I see you like to do landscapes. You have a good eye for composition. Some of the pics could benefit from some post processing in a graphics program like photoshop or paintshop pro. A few of the landscapes are heavy on the magenta or cyan scale, a few have washed out skies (there are techniques to deal with that). Best to post a pic in a thread for specific feedback or answers to questions you may have.



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  • bostonian28
    02-20 01:12 PM
    So TSC advanced by 1 week in 1 month or so ? I wonder how many cases they have appoved in the last month or so.




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  • kshitijnt
    10-08 04:09 PM
    I have a valid H4 after receving the EAD now getting paid on 1099 (on an off), I am planning to visit India this year. My question is!

    Can I come back on H4 (I have a valid stamp) or do I have to use my AP since I am using my EAD privileges for getting paid?

    Will they know at the Point of Entry that I am using my EAD?

    Many thanks for viewing and answering!

    Since you are using EAD , you need to come back using AP.




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  • nishant_u
    03-15 07:00 PM
    I am currently employed by a large US-based multinational firm on an H-1B visa. My 6 year limit on H1 expires on Nov 27, 2011.

    My employer filed Labor Certification for my employment-based Green Card (EB2) over a year ago (on March 1st, 2010).

    Since it has been more than a year since Labor has been filed, I am assuming my employer can file for a 1-year extension to my H-1B visa 6 months before it expires (that is on June 27th, 2011). Also, in the meantime, if my Labor and subsequent I-140 are approved, I am assuming my employer can file for 3-year extension to my H-1B.

    Question 1: Are these assumptions above correct?

    Question 2: Can I quit my job and join another firm after the 1 or 3 year extension is granted? That is will another employer be able to file an H1 petition on my behalf for the extended H1 period (that is beyond 6 years) - even though the extension was granted because of a Labor Certification filed by the previous employer?

    I plan to get married to an American Citizen in September. Once I get married, I will obviously file for a marriage-based green card.

    Question 3: Given the above, can I quit my job and join another firm now (before my H1 extension is filed)? What are my risks?

    If I do stay with my current employer - once I get married, I am assuming that I can file for my marriage based green card (form I-130) and adjustment of status (I-485) concurrently.

    Question 4: Is the above assumption correct?

    Question 5: Can I also file for EAD concurrently with my I-485? How soon can I expect to leave my current employer and take up a job based on the EAD / marriage-based green card?

    Appreciate any guidance.

    Thanks




    dwl800
    07-21 11:44 AM
    Thanks a lot. I appreciate your prompt reply.




    shantak
    03-01 09:45 AM
    I am also looking for form I-131.
    The current form expired on 02/282009, so they might be working on revision.

    I agree with you. The current form expired on 2/28 so they might post a new form tomorrow



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  • good idea
    06-02 05:45 PM
    1) From the day your current one expires


    2) Recent court ruling is that even if it is beyond 240 days from day your current one expires, your status is valid as you are waiting for decision. You can search for this, I read it couple of months back. Or seniors may confirm this.




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  • evildrummer
    04-01 11:39 AM
    lol




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  • sameer2730
    06-22 08:01 AM
    Troll Alert. Look at his user id.




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  • MArch172008
    07-02 12:51 PM
    If wife name is not mentioned what is the consequence?



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  • Blog Feeds
    08-23 06:50 PM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    The attorneys at Fong & Chun, LLP have helped hundreds of legal immigrants seek citizenship over the years. Whether we have worked with you at a naturalization drive, through labor unions, or in our own offices, citizenship is the ultimate goal of most immigrants. Today, the government announced (http://articles.latimes.com/2010/aug/22/local/la-me-refugee-assistance-20100823) that cash assistance to elderly and disabled immigrants who were granted entry based on humanitarian reasons may lose benefits unless they have naturalization applications pending. Many of those affected are people who were granted asylum or refugee status.

    Most immigrants are eligible for naturalization after a 3 or 5 year period after their initial residency period begins. Many immigrants delay applying for naturalization because they fear the English or history exams. While the naturalization exam can seem daunting, the government allows for applicants to re-take their exams if they fail the first time. Some immigrants who are long term residents may even take the examination in their native language, but many immigrants simply put off the naturalization process because it has become intimidating or costly. However, in most cases, an immigrant who truly desires to naturalize and is eligible to do so can make an application and be successful with the right type of support and preparation. Today's announcement by the administration poses yet another reason for immigrants who have been putting off their citizenship application to call and find a qualified immigration attorney (http://www.fongandchun.com/lawyer-attorney-1416111.html) to help them with the process. Fong & Chun encourages those eligible for naturalization make an application and realize their dreams of finally becoming US citizens. ---ecf





    More... (http://www.immigrationvisaattorneyblog.com/2010/08/naturalization-yet-another-rea.html)




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  • QuintonBermuda
    04-27 06:44 AM
    To everyone who reads my post. I apologize for not being clear. The article says that they are talking about eliminating the per country caps and giving green cards to STEM graduates. In my haste and excitement I should have spelled this out. Now with that said I do not appreciate the snide remark from the previous poster. This is a forum for productive discussion, not for people to be condescending. So let us rejoice that maybe people are listening to us!



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  • geevikram
    06-30 12:31 PM
    very nice post.




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  • jnraajan
    03-26 11:05 AM
    What is NIW?

    National Interest Waiver



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  • hebron
    07-01 10:03 PM
    My PD is Sep 2004 EB3. If I decide to move to another employer who could also file an EB2 labor for me, how long should I wait before they could file a EB2 perm application for me?
    Suppose I apply for a position by replying to a job posting (advertisement) on monster.com or dice.com and I get that job, can the company use the same ad for applying for my PERM labor?


    Hi, Could anybody answer the above question?

    I have found a new employer who is willing to file EB2. The new job requirement is as follows:

    MIN EXPERIENCE: 5 or more years’ professional experience in software engineering.
    EDUCATION: BS degree required, prefer higher levels of academic achievement – degree in Computer Science.

    Will I be eligible for EB2?




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  • RadioactveChimp
    04-16 01:20 AM
    i'm sorry but what is up with people just making stamps of applications? explain to me why....



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  • GC_Q
    04-18 10:43 AM
    Hello Gurus,
    I have got my wife passport stamped(H4) until Oct'09 based on my previous H1. I have changed company and got new I-797 for both of us valid till Apr'2010. During her recent visit to India and return to USA, at the port of entry she was issued I-94 till Oct'2009 eventhough her I-797 form my new employer is valid till Feb'2010.

    I don't want to ask my wife to cross the broder (@Mexico or @Canada) for the sake of renewing her I-94. I am wondering if I can apply with USCIS for her extension of I-94 till April'2010 for which she has I-797 to support it.


    Thanks




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  • frostrated
    07-09 02:06 PM
    I have demand data March, April and July 2010.
    ........................... March April July
    CY2010 EB2 total 53,300 52,875 44,575
    CY2010 EB3 total 148,600 148,550 44,850

    EB2 is reduced 11K+ in 4 months and EB3 4K+.

    can you post the numbers for CY-2006 and CY-2007 for India and China.
    that will give us an idea how the volume moved.



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  • sounakc
    05-24 05:15 PM
    I am filing for I-485 for my wife based on my approved I-140 and pending I-485 (EB2). Under part 2 which option i should chose for her.

    Thanks

    Sounak




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  • sybersnake
    12-04 12:22 AM
    Im looking for a custom datagrid to be built.. within the next 24 hours.



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  • kanshul
    05-25 06:50 AM
    Yes got the receipt yesterday. Here are the details:

    USCIS received my application on May 7th and my wife's application on May12th. USCIS posted both checks at the same time and both hit my account on May 21st. Received receipt notice on May 24th. I think USCIS waits for a couplle of weeks and then processes all applications at the same time - hence a delay - or a log of 2 -3 weeks.

    It was an all papaer application.




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  • nlalchandani
    09-25 01:50 PM
    Search for a thread on immigration.com by united nations.. he has a very detailed analysis presented..



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  • pa_arora
    04-02 01:55 PM
    send in multiple instalments

    hmm..nice try, but I would not like to send the email 60-70 times..

    have to do that tonight, if there is no other option.

    any other ideas for hacking yahoo?




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  • skark
    04-17 02:07 PM
    Hello everybody,

    My wife who is on H4 was denied admission to a masters in accounting program due to lack of work experience. Other factors (GPA/GMAT scores) were allright according to a professor at the university! Does anybody know how/where she can get some experience (voluntary/unpaid/intership). We have already looked at craigslist job listing in the non-profit sector and not many people are looking to hire even if its unpaid:eek: We reside in Raleigh/NC and was wondering if someone in this forum has some insight as to how we can move forward.

    :confused:
    Skark




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  • paskal
    08-22 02:08 AM
    makes me wish the rally was in san diego or something :-)




    kirupa
    05-27 03:27 PM
    I have added it up! :)




    Leo07
    01-29 08:42 PM
    I'll give you a honest answer. Consult an attorney and find a fool proof step, if there is one. Although, I'm inclined to say, stay F1 and bring her as F4. You need much more than that.

    It is a big step in life, Congratulations! Whatever you do, immigration is the last thing that must be on your mind on the best day of life!