Friday, June 10, 2011

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  • newbie2020
    06-06 02:26 PM
    The Statuatory limitation on the law suits is 3 yrs...if you didn't file it within 3 yrs the court may use its own discretion.




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  • sujith1
    07-09 10:04 PM
    I guess Priority mail would have been a better option - The real question is do they go and pickup from the PO




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  • Humhongekamyab
    05-14 03:56 PM
    Hi,
    My Employer has going to file for I-140 under EB2 catogery. I got Labor approved, but I just got call from my Lawer, he was saying that my Education is not being equivalent as US Graduation. He was saying that for GC we can't use work experiance to make this equivalent.

    Please advice, what to do?

    Here are the details about my education.

    Education:
    Matriculation : 10 years education
    Intermediate : 3 years Diploma (Associate Engineer)
    Graduation : 3 years Degree (Comp. Science.)

    Experiance:
    Aprox. 8 years

    Thanks in advace.

    :)
    Shujaat

    Shujaat, you might be better off in being safe than sorry. I've read in the forums that US CIS is strictly interpreting EB-2 regulation so you might be better of in going with EB-3. For EB-2 they prefer single four year degree. Your lawyer would know the best.




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  • logiclife
    02-19 11:42 AM
    I have been thinking about choosing between EB3 and EB2. I hold a Masters degree from US and have 2 yrs of experience. I am wondering whether to go in EB3 (which is very simple and easy to get with no scrutiny - SURE TO GET APPROVED) and wait for a very long time in the queue OR go for EB2 (which is more difficult and have to pass through all the scrutiny from I-140) and then wait, whose waiting time might be lesser than EB3's


    Which one is best to do ? Your suggestions please.

    This is a wrong conventional belief. It has been far too many times written about and has now become conventional wisdom, that EB2 or EB1 is determined by the qualification of the employee.

    That is only 1 of the 2 things needed to get a case approved under EB2. The other requirement is that the job description and the position must require a person of EB2 qualifications. The position being filled by MS plus 2 years, or BS plus 5 years should be the kind of position that cannot be filled by a lesser qualified employee.

    So basically, you can be a Ph.D. from Harvard university with 10 years experience. But if your Greencard is filed for a job that requires someone with BS plus 2 years experience and can be filled by an EB3 candidate, then your case cannot be approved as EB2 even though your qualifications can make you fit for EB2.

    Now about the priority dates. See EB2 is right now ahead of EB3. However, the continuation of that is totally dependent on many factors.

    1. Future laws. What if EB2 percentages decrease?
    2. EB1 spillover. How many EB1s are unused and spill over into EB2.
    3. Your chargability, (country of birth), is ofcourse important. India and China EB2 may not be moving ahead this year AT ALL unless there is change in quota.
    4. The future applicants for EB2. We dont know about the labor files in backlog centers and how many of those are EB2 and how many are EB3. Of that, how much more crowded would be EB2 or EB3.

    It is IMPOSSIBLE to predict which one would be better off. Impossible.



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  • sen
    11-01 06:43 PM
    I ran into the same issue when my wife I-94 was about to expire even though she had valid visa in her passport till 2010. We just crossed over to Canada (through Detroit) and after spending an hour we returned back to US. On our entry, we requested the officer to issue new I-94 since it was expiring. He directed us to the immigration officer who issued a new I-94.


    My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.




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  • sareesh
    03-31 09:54 AM
    I just called Halifax and they told me that I am not eligible for Visa in Halifax,
    eventhough I had H1B visa stamp on old passport from first company (expired over an year). They consider my appoint as new H1B and I cannot attend Halifax or Quebec City.

    I will cancel my appoint.

    Thanks,
    SG.



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  • darsh678
    02-12 08:46 AM
    This is what i think as being optimist

    Even if Schedule A gets 90 k unused visa, we will be closer to our PD as all schedule A are in EB3. So if this 90 k for schedule A gets approved we will move ahead by 90 k visas.
    Even better will be if they have separate category and dont include in EB3.

    I think if we are not supporting them then atleast not oppose them as in any case it will be a win win situation for us and we can follow their steps if they are successful to get some solution for our EB3 retro.


    This is very serious matter. EB community should strongly oppose
    It is time for Fight to Finish !




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  • validIV
    03-31 03:35 PM
    I am thinking of starting my own company doing work similar to what I am employed for? Can I quit my job and start my own firm on EAD. I will be the sole proprietor and employee and the business would essentially operate as a startup for the foreseeable future. Will this be ok during I-485 adjudication? or do i need a regular job?
    Atish.

    You need your job just in case of an RFE. You can work on EAD on the side.



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  • new york city skyline at night


  • jaireddy
    05-18 10:10 AM
    1. You should be 100% confident that it is not your attorney who screwed up
    2. Be able to convince anyone in 10 minutes that you filed within the timeline with evidence of receipt numbers, etc. The evidence is what counts.




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  • powerman
    08-14 02:13 PM
    I did it too and as long as you are with the same company doing the same job as you did when you originally started... GO FOR IT... BEC's are a big mess and they are here to stay... at least for another 2 years (this is just my prediction)

    Hi Mike,

    I am with same company since I came (since 2000) and my current LC (RIR, EB3-India) pendng at PEBC, my PD is 06/16/03, I am about to file 8th H1 Ext, My Lawyer is not advising me to convert into PERM, can you suggest/refferer your lawyer?

    Thanks



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  • new york city skyline at night


  • Humhongekamyab
    06-06 02:58 PM
    Are there any specific links for complaining to these agencies?

    See the 4th message in the thread.




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  • TO BE OR NO TO BE
    06-04 01:54 PM
    What happens if the current company withdraws the labour after you have moved to the new company.

    Is your h1b 8th year extn invalid..



    No your new H1B is valid till it expires.



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  • harivenkat
    05-16 10:28 PM
    my one piece of advice is , dont go to lawyer for canada immigration....
    the lawyer becomes a biggest bottleneck in communication with cic ...
    its best you directly deal with canadian immigration services (cic)....
    if you need help you always have these forums to ask questions...




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  • spec1968
    10-26 02:41 PM
    If i change my status from H1 to F1 until approval of 140 and change status from F1 to H1 will affect my green card process? I heard that once 140 is approved one will get 3 years extension irrespective of status ( i mean on F1 or out of country) . Please clarify



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  • Next photo: Radio City Music


  • Madhuri
    03-19 02:17 PM
    Your signature says I 140 was approved, when was it approved and does that mean the USCIS website never updated the status of your I 140?
    or was it showing I140 approved before and now it's showing pending?

    No, I140 is not denied, its pending as per USCIS website. However, reason for I485 denial is that I140 is denied. Is this something to do with the RFE on I140? I dont see any logic in this...




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  • sk.aggarwal
    03-19 03:28 PM
    Thank you for your quick response Attorney Ruben.
    Is there a way to avoid this step or get PWD from some other source?



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  • willIWill
    04-30 05:43 PM
    Yes one from Mother and one from Father.

    You may find a sample by googling.




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  • gbof
    10-16 11:23 AM
    [QUOTE=eb2_mumbai;1111915]Thanks for the green gbof. Last Friday I was on 3 green's and then I started to write on this thread for H4 work permits and went down to 8 RED's and then now on 6 Red's so I guess its been a roller coaster ride for me. :-)

    QUOTE]

    Never mind red-green. Please keep up ur informative/helpful postings.
    good luck




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  • eastindia
    04-26 03:09 PM
    Go watch the simpsons instead of starting funny threads

    Simpsons is not cool. It is gay.

    South Park is hot.




    arihant
    06-01 11:13 PM
    Guys I had started this thread for people who have already filed for I485 and are waiting for a visa number. I am surprised at how this thread has been altered with a poll and the kind of posts people are making.

    purplehazea,

    I started the other thread with the poll. I do not know how the two threads morphed together:confused:




    gc_chahiye
    07-16 06:47 PM
    ...
    If USCIS receives both the applications, it will return the second application as a duplicate. I don't kow if they keep the money though ...


    do you know this for sure? (ie. do you know someone for whom USCIS returned the second application as a duplicate because one I-485 was pending)?



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