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  • mayurcreation
    10-05 05:23 PM
    Who can file under EB2 categary?

    I have One yr experience from London and One and half year in USA. Can I file my GC under EB2 categary after Two and half year wich will complete my total 4 yrs of experience in I.T. ?

    Any suggestion are welcome...





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  • santb1975
    03-09 11:06 PM
    I talked to attorney Murthy about this issue a few weeks ago. My 140 was approved July 2007. The salary I currently make 485 is 10K less than the salary mentioned on my Labor. I work for a speciality Pharma company with steady revenues. They are a public company as well. Two years ago my company Attorney(Fragomen) and my HR said that should not be a problem since GC is for a future position etc. When I checked with Attorney Murthy she said that is true but if you get a strict immigration officer he can say that the prevailing wage determination for your job was done two years ago and you are still not making that money. She said it is better to make the $$ mentioned on my labor now. I am going to ask my company attorney the same question and see what he says. I have a lot of respect for my company's attorney





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  • aadimanav
    09-05 09:17 PM
    I personally love and am proficient in Hindi but I don't think we should make this site look like a Desi forum. Even if your post about India, a lot south/east indian people don't speak/understand hindi.

    Ok. I wrote the translation too. Please be happy now. :)





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  • ghost
    12-10 02:31 PM
    Just throw away your legal papers. change your name, show your photograph with the statue of liberty and declare yourself illegal in the country for last 5 years. go to school, enjoy a better in-state tuition and get a better job. Green Card Voila!!!!

    Dream act just proves that nothing will be done for hard working non shitizens. Legals should work and wait or leave as they dont have any DREAM. And yes we got a spineless president on that.

    Keep dreaming. DREAM act ain't going anywhere.

    Oye chuck they fatte.

    If DREAM act does not pass then we will not go anywhere for the next 2 years....and how do you intend to prove that you were brought into this country illegally before you turned 16? I guess you'll have to forge your high-school degree? voila...go for it!



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  • ps57002
    09-09 02:37 PM
    Please advise.

    Received the following RFE: a photocopy of birth certificate issued by local registrar if person was born in a city or a photocopy of birth certificate issued by additional district's registrar's office if person was born in village: If person has completed 10th grade or above, please also submit a photocopy of their education board certificate.

    Docs I have: an attested true copy (notarized) of my birth certificate in Hindi. Not very legible. Has a first name for me which is not name I go by. I think it was used to just complete birth certificate as actual name was set based on time/date of birth etc. Affadavits from parents and an uncle stating my parents name and DOB. I also have another version of these where they state that I was known by a nickname (as on my birth certificate) as a child. I also have a notarized letter from Indian consulate stating that according to my passports, I was born to x and y parents with a DOB of such and such. As for education certificates, I completed 10th in india, then transfered to USA and had to redo it here (yes i've been in usa for ages). I don't have any paperwork related to my 10th in India. i do have letters of transfer from completeing 8th grade in a different country to be used in India which states parents name and DOB.

    I don't remember what was submitted during July 07 fiasco regarding this. I think unfortunately my birth certificate was submitted with letters from consulate and uncle (one where it states i was known by a different nickname). Unfortunately my lawyer doesn't seem to have checked everything well before submitting.

    What should I do now? Please advise what i can submit to correct this?

    *Since it seems BC was submitted, getting a letter to it's nonavailability is out of question (and very hard to get since I have a BC). so should i get whatever translation I can of the letter (very illegible) and have that letter be notarized?

    *Once i get that translation, it will show BC has different name? Should i then submit affadavits from parents regarding name, DOB, place of birth, with note that as a child I was known by nickname that is on my BC? The letters I have are from 2007, can I continue to use these affadavits? I can re-add consulate's letter that according to passports, my parents are such and such etc.

    *As for education certificate? Should I get transcript from H.S. showing I did my 10th here and submit the letter of transfer after my 8th grade that shows info on my parents and DOB. or does it have to be something after 10th and higher? In USA docs usually don't state parent information.


    Please help as I'm very stressed about this....

    Thanks.





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  • GlobalCitizen
    07-26 09:05 AM
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!



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  • texcan
    02-21 12:03 AM
    How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
    -a

    Lawyers are the sole reason for these confusion, you cant have lower pay than what is mentioned in LCA; you cant have higher pay than what is mentioned in LCA....
    I bet you a lawyer can and will justify both rules, why because this is what they do....;-)
    USCIS rules are such a mess.....god help us all.

    on lighter note...
    One other easier solution is "you promise to pay extra money to "desi_hydrabadi"
    issue solved...your salary matches LCA...desi_hydrabadi gets more money his salary matches LCA....

    both get GC...
    relax and live hapily....

    Just kidding man, donot think too much about it...i was worrying about this issue ( higher pay than LCA)...i did worry for quite a while and
    a good friend said donot worry ...something will take care of it...
    needless to say he was right...(economy did take care of issue for me...).





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  • s416504
    02-03 10:04 AM
    I asked same question to my lawyer 2 days ago & he said "YES". One can request to consider for multiple categories by reapplying I140 again. Lates USCIS's Q&A confirms that...

    Q #3. What if the petitioner wants to request consideration of multiple visa categories on behalf of an alien beneficiary? [Answer Finalized on 06/30/09]

    A. If you want to classify the alien beneficiary under multiple visa preference categories, file a separate Form I-140 petition, with the required fee and supporting documentation for each requested visa category.

    As far as your labor qualifies for EB2, you are OK.

    USCIS - Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cfe8745543256210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    I have a labor approved for the requirement:
    "Must have BS in CS, EE or related field w/5 years of related experience"

    EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?

    Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.



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  • vrbest
    03-30 07:36 AM
    You can write it... no issues.,.

    Thank you guys for helping me.
    Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write.
    Thanks again!





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  • jsb
    08-29 01:10 PM
    Published dates are only a general ballpark information to indicate where are for the remaining cases. Havn't they already granted visas to those filed in August/Sept '07?

    This change is all due to their better understanding of what is a Receive Date. So far, they have been treating date when they physically enter data in the system (date which you see online as "we received your case on...") as the Receive Date, and making all predictions, postings and claims based on that. Now they know that it is what you see on your receipt as the Receive Date, and hence the back step in the dates. TSC is at June 18, NSC is at July 2.

    They should better post where they are based on PDs, and work based on that too.



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  • gbof
    04-08 02:52 PM
    Question regarding Current Immigration Status field on EAD renewal form:

    I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.

    BTW, I used paper filing for both of us.

    Thanks for your input.

    I assume you are primary and she is derivative (as she is on H4). Now, If she has filed I-485, she is already in AOS irrespective of the fact that she is not using EAD.





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  • IV2007
    06-25 12:06 PM
    Guys,

    My wife is on first time H1. She got her H4 converted to H1 in Jan '07. I am applying for 485 and she's secondary applicant on my file.

    What are the pros & cons of travelling to India in 3rd week of Aug 07, assuming we will get the reciept by then (EB2) ?

    We have planned for H1 stamping back in India while she's on vacation.

    here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??

    Any Suggestions or gyan on this !!!

    -shree



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  • rajeshalex
    08-04 02:18 PM
    She/her friends can discuss this with her husband. If he supports apply for 485 and wait till the approval of that . She can file divorce after that.

    If her husband is not supportive and doesnt want to add her for 485 then there is a special category (I dont remember the exact thing)/something like under certain circumstances ( which is like you are Abandoned by husband without no fault of your own and if you go back your hubbys family is going to harass you ...) This u need to check with a lawyer

    Rajesh





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  • EkAurAaya
    03-20 10:26 AM
    if you are foreign national selling a house, 10 % of your sale price may be held in escrow account till you pay the taxes. This is the case in atleast some states. This is what your real estate lawyer might be referring to. The rest 10 % is released after you have shown proof that you have paid your taxes.

    Thanks you pointed me in the right direction... very interesting its called FIRPTA

    http://www.irs.gov/businesses/small/international/article/0,,id=105000,00.html

    Anyone investing in Real estate should read this



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  • bbabu
    05-16 01:36 AM
    Hi Guys..

    If any body in Toronto wanna stay connected to exchange updates / views / thoughts ... update your info here ..

    https://spreadsheets.google.com/ccc?key=0At_-QiCf2s65dG13S1VvYTRGaXcwUXMzbTR4UTV4MXc&hl=en&authkey=CNzNssgD

    ~BBabu





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  • eilsoe
    10-03 07:58 AM
    Actually lost, that's not a basic form, i do it all the time!! :P

    It's the easiest way really. The gradient tool sometimes gives you weird colors when fading to tranparent..

    Nice one lost! :P



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  • tikka
    05-29 08:17 PM
    It saves you money because a I140 denial will result in 485 denial. You save the filing fee of 485.

    Hi kaisersose
    can you please take a few mins and send web faxes?
    for tonight we are trying to reach a goal of 2750 faxes......

    your efforts will be highly appreciated

    thank you





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  • ahasan
    05-31 10:18 AM
    This is my first time $100 contribution.
    Paypal Id: 31T703381K4953443





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  • gc_on_demand
    12-21 05:07 PM
    Good to know someone at least thought about our poor souls

    http://www.informationweek.com/blog/main/archives/2009/12/kundras_managem.html;jsessionid=VEGR0THB1JIVRQE1GH OSKHWATMY32JVN

    All you get is CSS change ? new theme and color...

    One of my personal case is approved long back and still showing as Initial Receipt.





    eilsoe
    10-03 01:11 PM
    Man you're weird too....


    SPAM SPAM SPAM


    :::::runs away too::::: (HA!)





    cleopatra
    02-17 08:27 AM
    Read the following two stories.

    Story 1

    Imagine this. You are old. You are talking to your grandson in your native tongue about the need to utilize an opportunity when it presents itself. You say to him, who is listening with great interest.

    "You should always look out for opportunities for it does not present itself explicitly except very few times. When you see it, you should grab it and use it for your to benefit from it.

    I will tell you about some things that happened in my life so you can relate to it. I had this dream of settling in America. I had good job, good pay, nice family and generally a pleasant life.

    After a few years, I liked the way of life and wanted it to continue forever. But I could not continue this unless I get this thing called greencard, which let me stay for as long as I wanted and work anywhere I wanted. In those days due to many reasons and problems it was very difficult to get one. But I was patient and kept waiting.

    There were a group of people who wanted to get together and solve the problems so that the wait time is eliminated. They knew how to get a solution to my problems of getting the greencard sooner. But they needed help from everyone like me so that we could get solve our problems.

    At one point, they wanted people like me to go to the capital and talk to different people who had the power to solve our problems. This would help them understand the issues faced by people like me and help address them.

    But at that time, I had other things to do and knew that there are others who would chip in and work together and solve this problem.

    But nothing changed.

    There was no end in sight and eventually what was a pleasant life started turning bad due to various rules being enacted to push people like me away. They succeeded and I left America.

    After I had to leave america, I came back to this country and had a decent life. But I still liked my life in america and I wanted to live there. But I could not achieve that dream.

    When I thought about what went wrong, I realized that the reason is I did not see the opportunity that presented itself to me - To join others and work together to resolve my problems.

    I thought someone else would do the work. Maybe others thought the same way too. So eventually there was not a huge crowd explaining our problems. So it was not seen as a serious issue and so nothing was addressed.

    When I think back now, if I had seen the opportunity and united with others like me, I would have got what I wanted.

    So realize this. Always look for opportunity. When it presents itself, grab it and use it and do what is necessary to reap the benefits. You will not regret it."



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