Monday, June 27, 2011

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  • maverick_joe
    05-05 04:22 PM
    btw, my heart skipped a beat seeing the title!! :) :D
    The title gives the impression that EB3 - India is Current! Appropriate title could have been "My EB3-India petition is current"

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  • SeanDell
    06-01 02:33 PM
    Search for "six-month rule", in ""
    If you tell me which country passport you hold, I could tell whether you are exempt from this 6-month-rule or not.
    And yes, I mean official requirement for "entry".

    How you think H1B documentation will act as a proof of "permanent residence" intention?

    Hi Morchu,

    I searched with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.

    Ok, so how can one prove his intention at the POE for GC?

    ....would appreciate your reply.

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  • yabadaba
    07-09 01:15 PM

    look at this for more comments against us

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  • sledge_hammer
    06-29 02:42 PM
    My attorney clearly said she cannot get to my file until the end of the first week. She assured me though that she will be able to file it by July 15th.

    They are overwhelved with cases, and they are working weekends also.


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  • wandmaker
    12-18 11:41 PM
    L1A visa, validity May 2008
    EB 1 category
    I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
    When and how can I excercise AC 21 portability
    Do I need an EAD for this

    when: after your 140 is approved and 180 days has passed since you filed AOS.
    how: by notifying USCIS that you are availing AC21, use EAD to work for new employer.

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  • looivy
    07-17 01:34 AM
    I can re-apply, but my 485 is already approved on July 8th!

    Sorry to hear that. What does your lawyer have to say?

    Also, why did they not inform you until now. You must have filed hers around Feb 2005.


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  • aat0995
    05-02 08:39 AM
    It seems no one else is in this boat. Strange.

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  • logiclife
    03-22 04:34 PM
    Loss of country soft cap quota is intended and not an error. The hard cap ensures that the newly created EB 5 applicants get all the usused visas and to keep EB 5 well-supplied, the numbers are being drained from EB 1, 2 and 3.

    All our employers have to know this. The kind of employers who pushed for more greencards for EB1, 2 and 3 during S 1932 have to know this. Please circulate this to your employer, other recruitors/employers who want to have more access to foriegn born employees in high-skills area.

    Hard cap has flown below the radar and its our job to spread awareness. Send the PDF file(on homepage) to all the people you know.

    The worst case scenario is that with the hard cap, if the good things are elimination in the conference committ.(Very likely) then we will be worse off than we were last year. we will all get greencard on or around the graduation day our our children's high school and we will be driving hydrogen fuel-cell cars by that time.


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  • greyhair
    09-30 05:12 PM
    I cracked up reading the post. I never really understood why they call us losers and locusts.

    Google translation maybe funny but i think the meaning of the post on Chinese forum is serious. When we giving money to IV which is working for everyone in the backlog, Chinese are only thinking for themselves. Scratch the, Chinese are not thinking for even themselves, they are cutting the same branch of the tree on which they are sitting. They are undermining the effort to address the green card backlog. They are trying to use fuzzy match to argue against removal of per country limits in the the process shooting themselves on the foot. If I understand their logic correctly, these Chinese are saying that we are ok if they have to wait in the backlog for years and years, as long as Indian don't get any benefit. That's just plain dumb for them to think like this.

    The other day someone posted that Chinese are calling Charles Oppenheim at DOS, asking him to not advance the dates of Indians, and rather only advance the dates of Chinese, which apparently backfired.

    I have many good friends from China and they are all very nice. But as a group why do we always see Chinese digging hole everywhere?

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  • abhishek101
    05-17 05:50 PM
    I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.

    Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

    Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

    We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

    Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

    This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.

    What your lawyer is saying that your duties are not 50% different from the original filing. Seems you work for a big corporation.

    I work for a fortune 10 company and one of my colleague got the exact same response when she tried the same thing. I moved from Tech to Finance and they were fine doing it for me. So try to change your job substantially and retry.


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  • Can2004
    03-14 10:54 AM
    Hi everyone,
    I have a related question. I am a canadian citizen now and am still maintaining an H1b. My H1b stamp had expired in 2007 though.

    I had applied for AP in january but its still pending at NSC.
    Now I have to go to India for my brother's marriage.

    My question to you all is-Since I am still on H1B (and If am not wrong, canadian citizens do not require H1B stamps)-- will it be ok if I travel without an AP.


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  • chetanjumani
    03-14 02:35 PM
    And with a new USCIS leader, it might get his attention, when he/she is trying to learn about what all needs to be taken care of.


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  • prince_charming
    02-14 10:46 PM
    How long did it take for your MTR process from the time you submitted till the time your attorney received the I485 re-opening letter?

    Specifically, how long after sending MTR did you get the receipt notice that MTR was receive and how many days after that did the letter to reopen arrive?

    I have an d MTR in the works in TX service center and trying to find how long they are taking these days.

    My MTR got approved in 2 months from TSC.

    But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?

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  • DDash
    08-06 04:50 PM


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  • hpandey
    07-15 01:00 PM
    Stock options work like this

    If a company gives you 100 shares at 10$ each that means you have the option to buy them by the expiry date at 10$ each.

    So if within the expiry date they reach to 15$ you can buy them at 10$ and sell at 15$ getting a net profit of 5$ per share ( 500$ )

    In your case the share price is below what you will have to buy the shares at . So no use. You will be losing money in case you decide to sell them.

    Although if you think the share price is going to rise in the future you can buy them and hold them long term until the share price rises above 30 and you make some good money .

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  • rahul2699
    05-19 12:18 PM
    Ok thanks, is this a full 12 months with entry to the US, as I have been travelling into the US on the odd weekend for personal trips. Not sure if that would impact on the 12 month time period or not.

    it is believed to be 12 months outside US which can be interpreted as 12 months with no trips to US however please check with an immigration attorney. It seems like you may need a quick session to get clarification


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  • sioux
    12-21 08:34 AM
    There is no limit on the amount of money that a person can bring in. However if a person is carrying $10 k (this includes cash, travellers check, bank draft etc) or >5k in cash then that has to be declared at customs and person should go through Red Channel.

    Are there any fees that has to be paid when the amount is declared? And is this for visitors only?

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  • drona
    07-12 02:39 PM
    He always says he is pro legal immigration and that he is a champion of immigrants. He won't know what that means until he meets us! :) Let's give him some attention!

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  • martinvisalaw
    04-02 01:18 PM
    As other posters have said, your wife should file her H-4 extension ASAP, requesting a backdated (nunc pro tunc) approval. I have done a number of similar cases and had them approved, but this is no guarantee that your wife's would be approved. She does need to explain the delay in filing, and be prepared to leave the US if there is no decision on her extension by about mid-July.

    11-20 11:44 AM
    They are desperately trying to throw everything including the kitchen sink...May be they will get the jobs offered by a company started by an immigrant...

    02-08 03:44 PM

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