Friday, June 17, 2011

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  • jungalee43
    09-16 04:27 PM
    Whatever problems you have today :- RFE, NOID, TAXES.. You have 4 weeks to 12 weeks time.
    For the most important task today, you have barely a few hours left. So leave everything else for tomorrow and it would not be too late.
    If you don't call today it would be too late.




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  • perm2gc
    09-18 12:12 PM
    Folks,

    I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.

    My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.

    My question is if they want to immigrate to US what are various paths they can follow to get here?

    Thanks in advance.
    PAN123 Hi PAN123..
    is it you or your brother want to come to US... ? If you want to know various paths ask your friends in the medical colleges who will explain you everything or goto ECFMG website to get more info.




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  • bugmenot
    04-10 05:10 PM
    I don't get what caused the sudden spike in the Master's quota. Earlier it used to be open for at least 15 days... Can it be because of increase in number of international students or people loosing in previous year lotteries going for Masters??? I seriously believe that H1B visa program needs reform - a valid job offer (read project for consultancies) must be necessary for applying AND a joining date within 2 months of starting FY. This is true madness going on.

    this happened because alot of students filed through multiple employers
    (read desi consultants) to better their chances

    i hope they do something about this artificial inflation and fraud bodyshoppers

    the masters quota would never have gone into lottery then




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  • senk1s
    05-08 02:29 PM
    1. This is debated a lot - some attorneys feel send it only when they ask for it, some say it is better to send letter proactively

    2. For these apps there can be a new attorney - i think the old G-28 for 485 will still be effective/ valid

    3. As of now - it should be similar and subject to interpretation

    4. Proferred wage is considered the minimum requirement - so i think it should be ok. But i dont know for a big jump



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  • hebron
    08-16 01:47 PM
    If the employer did not pay you salary that he agreed to pay then you could complain to DOL. You stand a sure chance to get paid if you bring this to DOL's notice. You can do this anonymously. DOL would also slap your employer with a fine and he would be banned from hiring H1-B workers for few years.




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  • bigboy007
    12-10 03:33 PM
    Got the point thanks for all info. btw its the HR Department right which determines SOC ? How does it ensure Same/Similar SOC COde?



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  • chanduv23
    03-16 02:19 PM
    Thanks to all for your valuble information, hope, sertasheep, miguy. Your information is very educative.

    Now, this just proves a fact that it is relatively easier to get good physician jobs in the US after completing residency, even on a h1b, whereas if we go out to different countries, a lot of issues may arise. The next option would be Canada and for Indian nationals it would be India (private hospitals and practice)

    So retrogression is a big concern for physicians and is impacting physician careers. I recommend all IV physician members must come forward and educate all those h1b physicians/ residents/fellows etc.. who are still ignorant of what they have got into, believe me, a lot of people don't know what is going on and they still think things are going fine.




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  • anurakt
    01-20 09:29 AM
    Please join the orkut immigrationvoice group. This would be another way of reaching each other when time comes.

    Also I request if you are member/owner of communities then please send message to your groups about www.immigrationvoice.org.... It can be a small message but very effective to reach wide audience.



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  • joeshmoe
    03-24 04:13 PM
    Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.

    What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.

    Dunno ... with USCIS and their rules ...

    I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.

    M.




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  • rockstart
    02-10 05:05 PM
    Since your wife is the primary applicant as you mentioned I dont think you need to wait for 180 days. Your employer is no way concerened with your EAD/ GC. But in case both you and your wife are working for same H1 employer then you moving might ring alarm bells for him but in case 180 days are already over then there is not much he can do.



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  • GooblyWoobly
    07-18 07:24 PM
    1) I think you can file EAD /AP even if you dont have a AOS receipt. Can someone comment on this?

    2) What all docs are required for filing EAD & AP?

    1. My lawyer clearly said you can't, unless you file it together with AOS.
    2. I765 and I131 forms. Everything else has already gone in with the AOS.




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  • whiteStallion
    02-03 04:37 PM
    Congratulations on being greened !



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  • maine_gc
    04-20 10:41 AM
    Hi,

    My in-laws came to US last Firday along with my kid who is a US citizen.

    Their passport has a stamp that says Admitted on Apr 17 at Chicago, Class B2 and "Until" is blank. There should be a date that tells they can stay until this date.

    What are my options now. Do i need to let it go or contact some one and bring it to their notice etc..

    Any help is appreciated




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  • chanduv23
    07-06 09:49 PM
    with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.

    Cheers

    Kris

    Issuing RFE or not is an individual decision taken by the officer. In most cases, RFE is issued when 140 gets revoked because an underlying job offer is a necessity. Even if you sent AC21 letter, as long as your 140 is still intact, the officer may chose not to issue an RFE.

    Some people have received RFEs in more than one ocassion. Once when 140 was revoked and once during preadjudication process. So if for some reason USCIS decides to do a second round of preadjudication just because they have not other work or any specific reason then we may expect RFEs (This is something I made up - I don't think there will be another round of preadjudication.

    Informing USCIS in advance helps rarely but maybe useful at times if you know your 140 could potentially be revoked and in a lot of cases 485 gets deined as a result. The MTR filing process can include a communication trail about informing USCIS which could be of help.



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  • Appu
    04-08 05:56 PM
    I am not sure why you think Sensenbrenner will be receptive to the problems of legal immigrants. Here's a summary of the legal immigration clauses he put in HR4437 - they are not there by accident:

    http://www.immigrationforum.org/documents/PolicyWire/Legislation/SenseKingGlance.pdf

    Make it harder for legal permanent residents to become citizens. Legal immigrants who have waited
    patiently for the chance to become U.S. citizens may have their dreams dashed by this bill. It would:
    � Allow government bureaucrats to deny citizenship to any legal permanent resident on a whim;
    � Permit the government to keep the reason for that denial a secret;
    � Eliminate a judge�s power to override a mistake DHS made in denying citizenship; and
    � Change the rules of the game so that long-time legal permanent residents can be barred from citizenship
    and deported, even if they were never convicted of a crime or it was a minor offense from decades ago.




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  • freakin_gc
    02-12 02:03 PM
    My EB3 I-140 and I-485 (India) is pending from NSC my PD is Aug 2004.My wife is a citizen of South Africa she is also in H1B visa and derivvative of my I-485.Now it is possible for me to change the country of chargeability to South Africa, If possible can we able to get our GC in the month of March?



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  • map_boiler
    07-05 04:52 PM
    If your labor cert contains language such as "...may work at one or more unanticipated locations", you should be fine with no need to re-start the GC process.

    However, I would check with an attorney to be on the safe side.

    Gurus, need a lil help clarifying issue in GC process.

    I've a question regarding location of work place for a H1B employee filing GC process.

    I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.

    Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.

    If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.

    I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.

    Thanks in advance.




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  • glus
    03-19 11:31 AM
    GC is for future employment but I-140 is not GC. I-485 is Adjustment of status to Permanent resident (GC).
    If you leave the company prior I-140 approval. I-140, I-485, EAD & AP are canceled.
    If your I-140 is approved and I-485 is pending for more than 180 days, then and only then, you can switch company using AC21 while still keeping your I-485 pending.
    Mind you, I-140 is not your application, it is employers!

    See my previous statement. There is nothing in the law that states one needs to 'work' for a company when I140 is being processed. Period.




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  • desi3933
    06-13 05:26 AM
    Have you done this ...or do you know some text that say this /....can have a 3 yr extension based on the pervious 140 ...

    That is from 2007 to 2010 ....Thanks

    As long as you have approved and active I-140 (from ANY employer) and the PD is not current, one can get 3 year H1 extension. IF the PD is current, one can get only 1 year of H1 extension.

    The term of such extension is always from the date of approval. For example, it would be July 2007 to July 2010 even if current H1 expires in, say, Oct 2008.

    Good Luck.

    ------------------------------------------------------------------------
    Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.




    jungalee43
    02-17 09:14 PM
    We need to do something to make him change his mind or at least soften his stand. It should not be anything sarcastic. I think flower campaign will have element of being sarcastic or even being critical.
    It should be something simple and humble. May be a meeting of IL members with his staff and then if we get an opening, meeting with Sen. Durbin himself.
    This can be followed by something like letter campaign on the lines of admin fix campaign.




    waitnwatch
    04-21 02:37 PM
    It is generally a good idea to go to any CBP and get the date put in. It is a pretty easy process. When the CBP folks say that an exit in 6 months in fine I guess they are correct in the sense that you have to stay illegally for over 180 days to be barred from reentry.

    Anyway this should be pretty easy except that you have to find the time to go to your nearest international airport. For some it could be a 4 hour + drive!

    Good luck



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